Supreme Court stays criminal proceedings against Yediyurappa in land denotification case

New Delhi, Apr 5 (IANS): The Supreme Court (SC) on Monday stayed the criminal proceedings against Karnataka Chief Minister B.S. Yediyurappa ordered by the High Court in a land denotification case.

On January 27, the apex court had granted protection from arrest to Yediyurappa and Minister Murugesh Nirani in connection with a case, where they failed to grant 26 acres of land to private investor M Alam Pasha in 2011. The top court had then issued notice to Pasha on two separate petitions filed by Yediyurappa and Nirani.

"Issue notice. There shall be stay of arrest in the meantime", the court had said.

Today, senior Advocate K.V. Viswanathan, representing Yediyurappa, urged a bench headed by Chief Justice S.A. Bobde, to issue an interim order in the case, as the trial court may proceed with the matter.

After a brief hearing in the matter, Bobde stayed the criminal proceedings against Yediyurappa, which were ordered by the High Court.

Pasha had accused the Chief Minister, Nirani and others of allegedly forging the documents to establish the withdrawal of approval of 26 acres of land to him in Devanahalli Industrial Area in Bengaluru Rural in 2011.

Yediyurappa's counsel had pointed that earlier complaint was quashed by the High Court, which was restored later, and proceedings cannot be initiated against his client on the same complaint. The counsel had asked the top court to stay the proceedings initiated in Bengaluru court. During the hearing, the bench had told petitioner's counsel "you are the Chief Minister, who will issue warrant against you." The bench observed that against chief minister, the court usually issue letter of request and not warrant.

Yediyuruppa had argued that High Court erroneously allowed the petition by the complainant under 482 CrPC and set aside the well-reasoned order passed by a special judge in August 2016. "The High Court erroneously set aside the aforesaid order only on the ground that the petitioner had demitted the office which had allegedly been abused by him at the time of commission of alleged offence and therefore no sanction was necessary to be obtained", said the CM's plea in the top court.

Yediyuruppa and Nirani, now Mining Minister, moved the top court challenging January 5 High Court order, which allowed criminal proceedings against them. The High Court noted that Pasha's earlier complaint quashed for want of sanction, would not be a bar to maintain the instant complaint.

Pasha moved the High Court challenging the special judge's order of August 26, 2016. The High Court said it was contrary to the well-established principle of law that sanction for prosecution of the public servants was not necessary after they demit the office or retire from service. The High Court restored a fresh criminal complaint filed against them in the Bengaluru court.







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Comment on this article

  • Desmond, Mangalore

    Tue, Apr 06 2021

    Its everywhere in the news that the BJP candidates are given relaxed treatment with stay orders....and relaxation of rules take the places where the elections are goi6on the news you will realise the truth...sometimes it is good to be on the wrong side of the river

    DisAgree Agree [2] Reply Report Abuse

  • j.anata, Mangaluru / Bengaluru

    Mon, Apr 05 2021

    Dr Yeddy, our native Operations Specialist is like a cat, he lands on all four when pushed and kicked, and wait! He also has nine lives!! He will live to fight another day!

    DisAgree [3] Agree Reply Report Abuse

  • Strolfstwyn Felonious Menezes, USA/Gulf/Foreign-returned/Settled abroad/NRI/Green card holder/Malpe/Toranto

    Mon, Apr 05 2021

    Our Supreme Court patiently listens to every single stay order, bail appeal and divorce/alimony petition provided you can afford the lawyers.

    DisAgree Agree [10] Reply Report Abuse

  • Langoolacharya., Belman / Washington, DC.

    Mon, Apr 05 2021

    After going through this judgement by SC....I have no doubt in my mind....Kasab execution also should have stayed !!!.... Well done Indian Judiciary....Modiji stop this habit of appointing former CJI as Governors of States ....Hmmm... Justice Soma Shekara phenomenon is not isolated....its prevalent every where it seems... ...Tak...Takk...

    DisAgree Agree [13] Reply Report Abuse

  • Bhavya Baliga, Udupi

    Mon, Apr 05 2021

    SC knows the best.

    DisAgree [11] Agree [2] Reply Report Abuse

  • Vivek, Hirebyle / abu dhabi

    Mon, Apr 05 2021

    Court Supreme... Decision???????????.......

    DisAgree [1] Agree [8] Reply Report Abuse

  • Anilkumar, Mangalore

    Mon, Apr 05 2021

    All this drama in court makes no sense. Everyone knows that once he is a BJP person, no court case can hold him guilty. He will be acquitted without any problem just like Shah was acquitted in murder case.

    DisAgree [3] Agree [44] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Apr 05 2021

    Luckily Afzal Guru & Ajmal Kasab were hanged before 2014 ...

    DisAgree [3] Agree [33] Reply Report Abuse

  • Sanjeev Kamath, Udupi

    Mon, Apr 05 2021

    Sir, for your information, Ajmal Kasab was passed off as a Hindu traitor by tying holy colour threads around his wrists but Police stood strong! That is pre-2014 story.

    DisAgree [12] Agree Report Abuse

  • Peter, Belman

    Mon, Apr 05 2021

    ಉಪ್ಪು ತಿಂದ ಮೇಲೆ ನೀರು ಕುಡಿಯಲೆ ಬೇಕು

    DisAgree [2] Agree [20] Reply Report Abuse

  • Nice, Mangalore

    Mon, Apr 05 2021

    Glad However the question is why do such activities to even prompt for any proceedings.

    DisAgree [2] Agree [10] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Mon, Apr 05 2021

    This may be serve as a potential reason to believe Shriman Rahul Gandhiji's statement..,

    DisAgree [8] Agree [23] Reply Report Abuse

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Title: Supreme Court stays criminal proceedings against Yediyurappa in land denotification case

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